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Articles Posted in Daubert

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Workers Compensation Insurance Expert Witness Testimony Allowed

Plaintiff filed suit against defendant related to a workers’ compensation and employers’ liability insurance policy.  Defendant hired a Workers Compensation Insurance Expert Witness to provide testimony.  Plaintiff filed a motion to exclude this expert from testifying.  The court denied the motion to exclude. Facts: This case (Travelers Property Casualty Company of America…

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Neuropsychology Expert Witness Testimony Allowed in Insurance Litigation

Plaintiff sued defendant related to an insurance claim resulting from a motor vehicle accident.  Defendant hired a Neuropsychology Expert Witness to provide testimony.  Plaintiff filed a motion to exclude this expert from testifying.  The court denied the motion. Facts:  This case (Barcus v. The Phoenix Insurance Co. – United States District…

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Marketing Expert Witness Testimony Allowed in Trademark Infringement Litigation

Plaintiff filed suit against defendant based on a claim of trademark infringement.  Plaintiff hired a Marketing Expert Witness to provide testimony.  Defendant filed a motion to exclude this testimony.  The court denied the motion. Facts:  This case (FCOA LLC v. FOREMOST TITLE & ESCROW SERVICES LLC – United States District Court…

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Pathology Expert Witness Testimony Denied in Part in Excessive Force Litigation

Plaintiff filed suit against defendant related to a claim of excessive force against their son.  The plaintiffs hired a Pathology Expert Witness to provide testimony.  Defendant filed a motion to exclude this expert.  The court granted the motion in part and denied it in part. Facts:  This case (Lombardo et al…

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Construction Expert Witness Testimony Allowed Under Daubert in Damaged Roof Litigation

Plaintiff filed suit against defendant related to a damaged roof.  The plaintiff hired a Construction Expert Witness to provide testimony.  Defendant filed a motion to exclude the testimony of this expert.  The court denied the motion under Daubert. Facts: This case (Finch et al v. Owners Insurance Company et al –…

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Asbestos Expert Witness Testimony Allowed in Part in Personal Injury Case

Plaintiff filed suit against the defendants related to a claim if asbestos exposure.  Plaintiff hired an Asbestos Expert Witness to provide testimony.  Defendant filed a motion to exclude this testimony.  The court denied the motion in part and granted it in part. Facts:  This case (Schindler v. Dravo Basic Materials Company,…

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Forensic Psychology Expert Witness Testimony Allowed in Sexual Harassment Case

Forensic Psychology Expert Witness able to provide testimony as he identified the scientific techniques that he used to come to his conclusions. Facts:  This case (Robinson v. Alabama State University – United States District Court – Middle District of Alabama – March 7th, 2019) involves a claim under Title VII…

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Finance Expert Witness Testimony Not Allowed in Corporate Defamation Litigation

Finance Expert Witness not allowed to provide testimony as the court concluded that his testimony did not match the facts of the case Facts:  This case (Eshelman v. Auerbach et al – United States District Court – Eastern District of North Carolina – March 8th, 2019) involves a defamation claim. …

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Bicycle Expert Witness Testimony Granted In Part In Negligence Case

Bicycle Expert Witness testimony allowed because his opinions were deemed reliable. Facts:  This case (Meyer et al v. Currie Tech Corp. et al – United States District Court – District of Nebraska – December 19th, 2018) involves an injury related to an electric bike conversion kit sold by the defendant. …

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Drug Abuse Expert Witness Testimony Allowed in Part in Discrimination Litigation

Drug Abuse Expert Witness allowed to testify, but only that the plaintiff had a substance abuse disorder during her employment Facts: This case (Poole-Ward v. Affiliates for Women’s Health, P.A. – United States District Court – Southern District of Texas – December 19th, 2018) involves a claim of employment discrimination. …

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